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In re J.R. CA5

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In re J.R. CA5
By
11/10/17

Filed 9/13/17 In re J.R. CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIFTH APPELLATE DISTRICT

In re J.R., a Person Coming Under the Juvenile Court Law.

THE PEOPLE,

Plaintiff and Respondent,

v.

J.R.,

Defendant and Appellant.

F074768

(Super. Ct. No. JJD068610)

OPINION

THE COURT*

APPEAL from an order of the Superior Court of Tulare County. Juliet L. Boccone, Judge.

Courtney M. Selan, under appointment by the Court of Appeal, for Defendant and Appellant.

Office of the State Attorney General, Sacramento, California for Plaintiff and Respondent.

-ooOoo-

INTRODUCTION

Appellant J.R. was the subject of multiple sustained Welfare and Institutions Code[1] section 602 petitions. Eventually, J.R. was committed to the Division of Juvenile Facilities for a maximum period of confinement of eight years and ten months. J.R. appealed and appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436. We affirm.

FACTUAL AND PROCEDURAL SUMMARY

On January 29, 2015, a section 602 petition was filed against J.R. On February 17, 2015, J.R. admitted to the allegations of an amended petition, resulting in true findings that he had committed battery on school grounds, a misdemeanor, and attempted assault likely to result in great bodily injury, a felony. At the detention hearing, J.R. was declared a ward of the juvenile court and placed at home on probation.

J.R. was arrested on March 27, 2015, and a section 777 notice of violation was filed in juvenile court. At the April 14, 2015, readiness conference, J.R. admitted the probation violations. At disposition, J.R. was ordered to the Tulare County Mid Term Program for 365 days; a maximum period of confinement of two years and four months was set.

A second section 602 petition was filed May 11, 2015. At the readiness conference on May 19, 2015, J.R. admitted to one count of assault likely to produce great bodily injury, a felony, and the remaining counts and allegations were dismissed. J.R. was again declared a ward of the court and ordered to the Tulare County Mid Term Program for 365 days. A maximum period of confinement of four years and ten months was set.

A third section 602 petition was filed on June 10, 2015. The petition alleged that J.R. had committed assault with a deadly weapon, a serious felony, and assault likely to result in great bodily injury, a felony. At the June 23, 2015 pretrial hearing, J.R. admitted the allegations of the petition. At disposition, J.R. again was declared a ward of the juvenile court; the maximum period of confinement was fixed at six years and ten months; and J.R. was placed in the Tulare County Long Term Program for 240-365 days.

On September 2, 2015, a section 777 notice of violation was filed, alleging numerous probation violations. J.R. admitted the violations. On March 18, 2016,[2] another section 777 notice of violation was filed alleging multiple probation violations. J.R. admitted the violations at the March 21 detention hearing.

A fourth section 602 petition was filed on March 29, alleging J.R. committed assault with a deadly weapon, a felony, on March 22. An amended petition was filed on April 4, alleging a second count of assault with a deadly weapon on March 26. J.R. denied the allegations.

At the contested jurisdiction hearing held on July 14, Jesse Rivera, a probation correctional officer with the Tulare County Probation Department, testified that on March 26 he responded to a fight in progress in the juvenile detention facility and found two youths striking a third youth who was on the ground; J.R. was one of those striking the person on the ground.

Deputy probation officer Mike Wallace also testified regarding the March 26 incident. Wallace reviewed the surveillance footage from the day and time of the incident. The video was admitted into evidence and showed J.R. striking the victim “multiple times.”

Wallace additionally testified to the March 22 incident in a classroom at the juvenile correctional facility. The video of this incident also was admitted into evidence. This victim had puncture wounds to his right cheek and forearm. J.R. was one of those attacking the victim in the classroom; the victim was primarily being hit in the head.

At the conclusion of the contested hearing, the juvenile court found both counts to be true. At the November 29 disposition hearing, J.R. was declared a ward of the juvenile court and committed to the Division of Juvenile Facilities. The maximum term of confinement was set as eight years and ten months. J.R. was awarded 651 days of custody credits.

J.R. filed a timely notice of appeal on November 30.

DISCUSSION

Appellate counsel was appointed on December 30. Appellate counsel filed a brief pursuant to People v. Wende, supra, 25 Cal.3d 436 on May 31, 2017. That same day, this court issued its letter to J.R. inviting supplemental briefing. No supplemental brief was filed.

After an independent review of the record, we find that no reasonably arguable factual or legal issues exist.

DISPOSITION

The November 29, 2016 order committing J.R. to the Division of Juvenile Facilities for a maximum period of confinement of eight years and ten months is affirmed.


* Before Poochigian, Acting P.J., Franson, J. and Peña, J.

[1] References to code sections are to the Welfare and Institutions Code.

[2] Subsequent references to dates are to dates in 2016 unless otherwise stated.





Description Appellant J.R. was the subject of multiple sustained Welfare and Institutions Code section 602 petitions. Eventually, J.R. was committed to the Division of Juvenile Facilities for a maximum period of confinement of eight years and ten months. J.R. appealed and appellate counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436. We affirm.
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